Kansas sick leave law & call-off rules
Kansas requires no sick leave and no breaks — its teeth are in the exit paperwork: willful failure to pay wages due, including policy-promised PTO, draws a penalty of up to 100% of the unpaid amount. Here is what applies in 2026.
Kansas at a glance
| Paid sick leave mandate | None — local mandates preempted since 2013 |
|---|---|
| Willful nonpayment penalty | Up to 100% of unpaid wages on top of the wages themselves |
| Voting leave | Up to 2 consecutive hours paid — not during the meal period |
| PTO at termination | Policy controls; KDOL enforces the written policy, silence reads against the employer |
| Final paycheck deadline | Next regular payday, fired or quit |
| Employment relationship | At-will; public-policy and handbook exceptions |
| Meal & rest breaks | None for adults |
Is paid sick leave required in Kansas?
No. Kansas has no sick leave requirement, and K.S.A. 12-16,130 has preempted local benefit mandates since 2013. Your written policy plus the federal floor governs.
The federal floor that still applies
FMLA
Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."
ADA
For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.
Call-offs, no-call no-shows, and firing in Kansas
Kansas is at-will with the usual public-policy carve-outs (workers' comp retaliation, whistleblowing) and handbook implied-contract risk. Attendance enforcement is broad; the discipline that matters most is procedural — a termination's final check must include everything the written policy promises, because the Kansas Department of Labor enforces the policy as written and willful shortfalls double. A call-off hotline or text-based call-off system supplies the absence history that makes the underlying termination defensible.
PTO payout and final paychecks
| Scenario | Rule | Source |
|---|---|---|
| Employee is fired or laid off | Next regular payday | K.S.A. 44-315 |
| Employee quits | Same — next regular payday | K.S.A. 44-315 |
| Unused vacation / PTO | Policy controls — use-it-or-lose-it and no-payout clauses are lawful if communicated; silence tends to be read against the employer | KDOL guidance |
| Willful nonpayment | Penalty up to 100% of the unpaid wages | K.S.A. 44-315(b) |
The doubling exposure makes final-check completeness the Kansas priority — include whatever the policy promises, the first time. See how PTO accrual works.
Leave Kansas employers must (and must not) provide
| Leave type | Required? | Notes |
|---|---|---|
| Voting | Yes — paid | Up to 2 consecutive hours while polls are open, less any non-working poll hours; employer sets the time but not during lunch |
| Jury duty | Yes — unpaid | Job-protected (K.S.A. 43-173) |
| Military | Yes | USERRA (federal) plus Kansas National Guard protections |
| Sick leave | No | Whatever your written policy provides |
| Meal & rest breaks | No | None for adults |
The Kansas employer's attendance playbook
- Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
- Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
- Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
- Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
- Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.
Comparing states? See all published guides on the state sick leave laws hub.